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Corporate

In the past year, there have been numerous, significant developments in securities litigation and enforcement. While lawsuits arising from the credit crisis are on the wane, a new wave of securities class actions has replaced them. At the same time, as a result of the internationalization of the enforcement landscape, financial institutions are regularly involved in multiple, cross-border investigations and enforcement actions conducted by federal, state and foreign regulators.
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This program examines the most recent issues a practitioner needs to be aware of with respect to end-users and derivatives. These include how the ISDA Resolution Stay Protocol and its possible expansion affects end-users and what impact the Protocol has on the bankruptcy process.
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Digitization of information creates risk including over-preservation, under-preservation, eForgery, spoliation, and data breach, to name a few. This presentation will address lawyers’ roles in helping to manage those risks in the context of internal investigations and litigation & regulatory inquiries.
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In this program you will hear perspectives from a panel of distinguished attorneys on recent regulatory developments affecting sponsors, administrators, and investment managers of employee benefit plans subject to ERISA.
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As lawyers, understanding how to read financial statements of clients you are working with will help you evaluate their financial health, allow you identify current and potential problems and possibly understand the motives driving certain business decisions.
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Insider trading continues to be a high enforcement priority for both the SEC and DOJ. Both agencies have devoted unprecedented resources to investigating insider trading violations, continue to employ aggressive investigative techniques, and ventured into new substantive territories and prosecution theories.
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In the wake of the financial crisis, the SEC, under the Dodd-Frank Act, may now impose a civil penalty in an administrative proceeding against any person or company. Critics claim that the limited discovery, absence of right to a jury trial, and use of "in-house" administrative law judges raise constitutional and ethical questions concerning whether administrative proceedings are adequate forums for insider trading and other SEC enforcement claims.
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Small and emerging business owners must effectively manage the legal aspects of running a business. Startup operations consult with legal professionals to ensure successful completion of corporate formation, filings and other statutory regulations. Established businesses are often faced with legal matters that require knowledge of employment and independent contracting.
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Credit default swaps (CDS), derivatives designed to manage the risk that fixed-income obligations may go unpaid, have become a multi-billion-dollar market within a decade of their genesis. Surging defaults on the underlying investments amid the recent financial crisis have led to increased litigation between the parties involved in these complex transactions.
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This program will provide practical advice and ethical guidance for in-house and outside counsel confronted with document retention issues in the context of criminal and regulatory investigations, as well as civil litigation. Experts will discuss the proper design and implementation of document retention policies, the legal requirements that arise in the context of investigations and litigation, and penalties and other sanctions that have been imposed for document retention failures.
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The Foreign Corrupt Practices Act (“FCPA”) continues to be one of the focal points of the Securities Exchange Commission’s and the Department of Justice’s enforcement program. Enforcement actions, civil and criminal, are continuing at pace and the cost of resolving FCPA actions is getting more onerous.
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This program will focus on strategies that attorneys can use to best represent taxpayers under criminal investigation. Topics to be covered include elements of commonly prosecuted federal and state tax crimes, current IRS and DOJ tax prosecution initiatives, (particularly foreign bank account investigations), voluntary disclosures to state and federal authorities, reacting to the commencement of a criminal investigation, administrative vs.
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With universal say on pay votes now a familiar part of the annual meeting/compensation calendar, companies are internalizing the lessons of the past few years, analyzing recent developments, and planning for 2013. Our experienced panel of practitioners – from the institutional investor, proxy advisory, compensation consulting and corporate governance fields – will share their perspectives and real-world experiences as they look at: best and emerging practices for CD & A’s; why peer group selection became a hot topic during 2012 and what companies should be taking into account when planning their peer groups for 2013; the metrics and screens that institutional investors and proxy advisory services used in determining the link between pay and performance in 2012 and possible changes for 2013; how smaller reporting companies should prepare themselves for their first time, now that their two-year exemption has expired; how say on pay is fostering increased dialog between companies and their investors; and whether say on pay continues on track to turn into “pay as I say” as some companies feel increasingly forced to craft compensation policies and practices that “toe the line” set by proxy advisory firms.
Program Chair: Kenneth P.
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In Morrison v. National Australia Bank, the Supreme Court held that Section 10(b) of the Securities Exchange Act of 1934 only applies to “transactions in securities listed on domestic exchanges and domestic transactions in other securities.” In announcing its ruling, the Supreme Court overturned the “conduct” and “effects” tests, which had been standing precedent for over 40 years, leaving many questions unanswered.
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The Institute will explore current tax developments and planning opportunities relating to mergers and acquisitions. The speakers will include nationally recognized corporate tax specialists and top IRS officials. The program offers an in-depth look at a full range of issues, including taxable and tax-free acquisitions; private equity, venture capital, and LBOs; international transactions; spin-offs; tax accounting issues; negotiating a corporate acquisition; bankruptcy & insolvency; consolidated returns and ethical issues in tax practice.Program Chair: MICHAEL L.
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The Institute will explore current tax developments and planning opportunities relating to mergers and acquisitions. The speakers will include nationally recognized corporate tax specialists and top IRS officials. The program offers an in-depth look at a full range of issues, including taxable and tax-free acquisitions; private equity, venture capital, and LBOs; international transactions; spin-offs; tax accounting issues; negotiating a corporate acquisition; bankruptcy & insolvency; consolidated returns and ethical issues in tax practice.Program Chair: MICHAEL L.
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On March 31, 2014, Governor Cuomo signed into law the most comprehensive corporate tax law changes in the tax’s long history. The sweeping changes will materially impact corporations doing business in the Empire State. This CLE will dissect each area of change including nexus, the income tax base, apportionment, net operating losses and a variety of new and existing tax credits.
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